1. General clauses

The following general terms and conditions of delivery and payment shall apply exclusively to the contractual relationship between Hexaglot Holding GmbH (hereafter known as "Hexaglot") and its customers. These partly contain consumer information stipulated by law. The latter is printed in bold . Conditions stipulated by our customers will not be deemed a contractual component even if we do not expressly reject these.

2. Ordering and contractual conclusion

Important product features are described clearly in the form of product descriptions in the web catalogue. The same applies to the price of the items in question. Our prices are final prices.
The customer can submit a written order to Hexaglot via the web, e-mail, by fax or post. The contract between the customer and Hexaglot shall come into effect upon submission of the order.
Each order shall be subject to the availability of the ordered item(s) from our suppliers. In the event that items are not available, we will inform the customer immediately and reimburse any (advance) payments without delay.

3. Delivery, packaging costs and payment

Hexaglot endeavours to dispatch the entire order in one consignment. Hexaglot is entitled to make partial deliveries, and undertakes to bear all additional costs incurred.

For consignments weighing up to 5 kilos, Hexaglot charges the following rates for postage and packaging, provided that no other rates are specified:
Consignments

• within the Federal Republic of Germany: 6 Euro
• within the European Union and Switzerland: 20 Euro
• within the rest of the world: 45 Euro

Airmail / express surcharges:

• within the rest of the world: 23 Euro

Hexaglot would like to alert customers to the fact that, in some countries, they may be required to collect consignments from the customs office.

Cash discounts shall not be granted. The customer may take advantage of the following payment methods, but is obliged to state the desired method when ordering.

• · Cash on delivery (within Germany only; the cash on delivery charges, currently set at 6 euros, must be borne by the customer)
• Advance bank transfer (within the EU only)
• Paypal

4. Reservation of ownership

The delivered goods remain the property of Hexaglot until the outstanding purchase price has been settled in full. The customer is not permitted to pledge the goods or transfer them by way of security in the event that payment is still outstanding. The customer is obliged to inform Hexaglot immediately in the event that Hexaglot’s property is impaired in any way (e.g. as a result of pledging).

5. Passing of the risk and loss in transit

The passing of the risk to the customer takes place when Hexaglot transfers the goods to the delivery company or to those persons responsible for executing the delivery, or orders the said transfer. This shall also apply in the event that Hexaglot bears the transit costs. Claims resulting from loss or damage in transit etc. should be asserted directly against the delivery company commissioned within their fixed time limit.

6. Withdrawal instructions / information on right of withdrawal (applies to customers from Germany, Austria, the United Kingdom, the Netherlands and Italy only)

The customer has the right to cancel his order after delivery (receipt of the goods and receipt of this general terms and conditions of delivery and payment for end users and consumer information including this withdrawal instructions in written form by the recipient). The following cancellation periods shall apply in this instance:

• Germany: 1 month after receipt of the goods and receipt of this general terms and conditions of delivery and payment for end users and consumer information including this withdrawal instructions in written form by the recipient
• Austria, the United Kingdom and the Netherlands: 7 working days after receipt of the goods and receipt of this general terms and conditions of delivery and payment for end users and consumer information including this withdrawal instructions in written form by the recipient
• Italy: 10 working days after receipt of the goods and receipt of this general terms and conditions of delivery and payment for end users and consumer information including this withdrawal instructions in written form by the recipient

The cancellation requires no substantiation and must be carried out either in writing or via another permanent data medium (to be addressed to : Hexaglot Holding GmbH, Sportallee 41, D-22335 Hamburg, Germany) or by returning the goods (address for returned consignments: Hexaglot Holding GmbH, Sportallee 41, D-22335 Hamburg, Germany). We request that all correspondence specifies the order data. The prompt return of goods or dispatch of the letter of cancellation is sufficient to ensure that the cancellation period is upheld. The right of withdrawal shall lapse in the event that ordered audio and video recordings or software has been unsealed.
The customer is obliged to return the ordered goods in the event that the right of withdrawal is exercised effectively.

Applies to Germany only: the customer shall bear the costs incurred when returning consignments up to an order value of 40 euros; Hexaglot is obliged to bear these if the order value exceeds this amount.

Applies to Austria, the United Kingdom, the Netherlands and Italy only: the customer is obliged to bear the cost of returned consignments.

In the event that Hexaglot delivers incorrect, unordered items to the customer, Hexaglot shall bear all costs incurred by the goods’ return. In the event that the customer is responsible for damage to or the destruction of the goods or any other impairment which prevents their return, he is obliged to reimburse their loss in value or will be charged the full replacement sum.

7. Guarantee

In the case of handheld and software products, the guarantee shall not cover standard surface deviations in colour and grain, nor minor modifications which are the result of model- and product-related adjustments provided that these individual deviations and modifications are reasonable for the customer. In the case of demonstration, remainder, used or sample devices, the various guarantee clauses determined in relation to the said products’ descriptions shall apply.

In the event that any defect-related claims made by the customer are upheld, Hexaglot may either rectify the defective goods or replace them as it sees fit. The customer is obliged to grant Hexaglot the time and opportunity required to rectify the deficiencies according to its reasonable judgement (a minimum of four weeks). In the event that Hexaglot proves unable to deliver fault-free goods in the wake of rectification or a replacement delivery, the customer is entitled to demand either the cancellation of the contract (annulment) or the reduction of the purchase price (mitigation). Damages resulting from improper modifications or repair work by the customer or third parties commissioned on his behalf shall result in the revocation of the customer's guarantee claims. The legal regulations stipulated by the German Civil Code shall additionally apply.

8. Liability

Damage claims made by the customer - irrespective of their legal basis - shall be excluded unless these are based on premeditated acts or gross negligence on the part of Hexaglot, its legal representatives or its vicarious agents. Furthermore, Hexaglot shall be held liable in the event of the breach of significant contractual clauses and in the event of infringements to the customer's health or life, even in the case of slight negligence on the part of Hexaglot, its legal representatives or its vicarious agents.

9. Data protection

Hexaglot is entitled to use customer data within a legally permissible context (Federal Data Protection Act, Teleservices Data Protection Act).

10. Complaints / legally binding address

The following address should be used for complaints and the transfer of all written correspondence:

Hexaglot Holding GmbH, Sportallee 41,
D-22335 Hamburg, Germany.
Tel.: +49 40 / 589 64 99 - 40
Fax: +49 40 / 589 64 99 - 90
E-Mail: info@hexaglot.de

Managing directors: Hans-Wolfram Tenter

11. Applicable law, place of performance, legal venue and validity

The law of the Federal Republic of Germany shall also apply, this by the exclusion of the UN purchase rights.

Hexaglot’s business premises shall be deemed the place of performance for both parties provided that this is legally permissible and that nothing to the contrary has been specified.

Hamburg shall be the exclusive legal venue for all disputes associated with this contract, provided that this is legally permissible.

The ineffectiveness or impracticability of individual clauses shall have no bearing on the efficacy of the remaining clauses.